Michael Nolan QC

Michael Nolan’s practice covers all aspects of the law relating to ships, the international carriage and sale of goods, insurance and reinsurance, harbour law, commercial contracts, private international law and professional negligence. He appears regularly in arbitration, is a supporting member of the LMAA , a member of the SCMA and accepts appointments as an arbitrator. He is a member of COMBAR and was on the executive committee from 1998 to 2001. He has strong links with Singapore and travels there regularly.

He is recommended for Shipping and Commodities in the current editions of Chambers UK, for Shipping and International arbitration in Legal 500 UK and for Shipping (International Arbitration) in Legal 500 Asia Pacific.

What the directories say

‘Has meticulous attention to detail and is very user friendly.’

(Legal 500 2019)

‘Quietly effective, he crosses every t and dots every i.’

(Legal 500 2019)

"He has fantastic breadth and depth of experience in virtually all areas of shipping. His advice is thoughtful and practical. He always takes the time to understand the client's commercial perspective and the background to the matter.

(Chambers UK 2019)

"Superb value, hard work and dedication."

(Chambers UK 2019)

"User-friendly and approachable."

(Chambers UK, 2018)

"First-class. He is very professional and good to work with."

(Chambers UK, 2018)

"...He has an excellent ability to dissect case law and has the ability to be quite disarming...."

(Legal 500, 2017)

"...always there when you need him, he's very responsive..."

(Chambers UK, 2016)

“…very knowledgeable, thorough and pleasant..."

(Legal 500, 2015)

“...he is tenacious at arguing our cases...”; “...he is considerably experienced, very knowledgeable and a good team player...”

(Chambers UK, 2015)

“...a real professional, who is very bright, highly effective and very hardworking..."

(The Legal 500, 2014)

"...he is a very diligent counsel whose analytical skills are most useful when fine distinctions may determine the outcome of a case..."

(Chambers UK, 2014)

"...excellent awareness and knowledge in the shipping arena..."

(The Legal 500, 2013)

“…a tremendous ability to master a large quantity of information or documentation in short order…”; "...brilliantly sage" advocate with "a nimble intellect..."

Dart Harbour and Navigation Authority v Sec of State for Transport Local Govt and the Regions [2003] 2 Lloyd’s Rep. 607. Administrative Court. Judicial review of decision by Sec State for Transport relating to the licensing of moorings in Dart Harbour involving amongst other things consideration of what a mooring is.

The Margaretha Maria [2002] 2 Lloyd’s Rep 293, Court of Appeal decision relating to the 1976 Limitation Convention. First Court of Appeal authority on the employment status of share fishermen.

time charter. Force majeure and quantification of damages for alleged renunciation of long term charter.

shipbuilding dispute - provision of refund guarantees.

multi-million euro dispute arising out of construction of a Superyacht.

Time charter. Dispute about extent of lien on sub-freights.

Dispute between shipping line and former director arising out of proposed management buyout.

a multi-million dollar dispute arising out of a bare-boat charter of a drilling ship and an application for relief from forfeiture.

Wet Shipping

Michael Nolan has extensive experience of all forms of Admiralty dispute but in particular those involving ship arrest, disputes as to jurisdiction and limitation claims. Amongst the reported cases in this area in which he has been involved are The Margaretha Maria [2002] 2 Lloyd’s Rep. 293, Court of Appeal (1976 Limitation Convention. First Court of Appeal authority on the employment status of share fishermen), The Happy Fellow [1997] 1 Lloyd’s Rep. 130 Court of Appeal (Brussels Convention/limitation), Caltex v BP Shipping [1996] 1 Lloyd’s Rep 286 (jurisdiction/ limitation), The Honshu Gloria [1986] Lloyd’s Rep (appraisal and sale, Marshal’s fees), The Vanessa Ann [1985] 1 Lloyd’s Rep. 549 (release from arrest). He acted for the claimants in one of the very few General Average cases reported in the last 20 years - The Alpha [1991] 2 Lloyds Rep. 515. He has acted or advised in several of the recent disputes involving pollution of the sea including the Sea Empress incident off Milford Haven and the loss of the Ievoli Sun.

Michael Nolan acts regularly in disputes involving the international sale of goods. Many of the disputes he has been involved in have been in the fields of oil and grain but he has acted in cases involving the gamut of goods from bowling equipment to sulphur. He appeared in 3 of the recent reported cases on final and binding determination clauses in oil contracts. Recent representative cases include:

SIAC arbitration. Claim for reimbursement of overpayment under long term contract for the supply of blast furnace pellet feed.

Exxonmobil v Texaco [2003] 2 Lloyd’s Rep. 686. Commercial Court. Acted for Exxonmobil in a dispute relating to the contract for the sale of oil, involving the effect of a “final and binding determination”; and an “entire agreement”; clause.

In addition to transport by sea, Michael has extensive experience of disputes involving the international carriage of goods by road. Reported cases include:

Denfleet v TNT Global [2007] 2 Lloyd's Rep. 504, Court of Appeal. Whether falling asleep at the wheel amounts to “wilful misconduct”; for the purposes of Articles 29 and 32 of the CMR.

Sandeman Coprimar v Transitos y Transportes Integrales [2003] Q.B. 1270, Court of Appeal. Significant decision on the scope of Article 23(4) of the CMR, on the interrelationship between domestic law relating to sub- bailment and the successive carriage provisions of the CMR and on remoteness.

Michael Nolan has extensive experience in all forms of disputes arising out of commercial contracts, ranging from a long running dispute arising from a Russian Joint Venture for the production of sanitary ware to a claim arising from the breakdown of a tele-marketing venture. He acts regularly in commodity disputes both in court and arbitration, as well as in cases involving jurisdiction challenges and applications for freezing orders and anti-suit injunctions.

Recent representative cases:

Kaefer Aislamientos SA v. AMS Drilling Mexico SA & Ors [2019] EWCA Civ 10 - reconciles the various strands of authority on ‘good arguable case’ and provides guidance on the approach to be taken in jurisdiction disputes, particularly ones where the evidence before the court is incomplete.

Obtained a world-wide freezing order for one of the big 4 clearing banks in support of a substantial claim arising out of mortgage irregularities.

Acted in dispute arising out of sale of company as to whether an accountant’s expert valuation of the company’s assets was final and binding.

Acted in arbitration between director and shipping line arising out of failed management buyout. Assignment issues.

Dispute arising out of attempt to terminate agency agreement.

Rayner v Davis [2003] 1 All E.R. (Comm) 394, Court of Appeal. Jurisdiction dispute arising out of claim for negligence against surveyor. Scope of Article 13 of the Brussels Convention.

Norwegian Cruise Lines v Thomson Holidays Limited. Commercial Court. Contractual dispute between cruise line and holiday company involving long term agreement for use of cabins on cruise liner.

Exxonmobil v Texaco [2003] 2 Lloyd’s Rep. 686. Commercial Court. Acted for Exxonmobil in a dispute relating to the contract for the sale of oil, involving the effect of a “final and binding determination”; and an “entire agreement”; clause.

Michael Nolan has very substantial experience in arbitration in all forms of disputes, ranging from a long running dispute arising from a Russian Joint Venture for the production of sanitary wear to a claim for relief from forfeiture in a long term demise charter of a drilling ship and a multi-million pound claim for damages arising out of the failure of a tele-marketing venture.

Michael Nolan has recently been involved in a series of multimillion dollar arbitrations arising out of the termination of shipbuilding contracts for delay and involving issues such as whether the prevention principle applies, whether the delay was permissible or not and force majeure. Other recent arbitrations included a SIAC arbitration involving a claim for reimbursement under a contract for the long term supply of blast furnace feed pellets, a safe port dispute and a dispute as to the meaning of “RightShip approved” in a time charterparty. He has been involved both as counsel and as arbitrator in several arbitrations involving contracts for the construction of Superyachts as well as numerous arbitrations involving disputes under charterparties and the sale of commodities.

Michael Nolan has acted for insurers and assureds in claims arising out of a wide variety of policies covering subject matters ranging from race-horses through lease credit, pregnancy testing kits and crop sowing aircraft to film-editing suites. Much of his work in this area involves acting for and against insurers of marine risks, including P & I Clubs. A particular speciality is yacht insurance; he acted for the successful insurers in The Dora [1989] 1 Lloyd’s Rep 69, The Moonacre [1992] 2 Lloyd’s Rep. 501 and The Arabesque (unreported 1998) and has advised or acted in numerous other cases. Recent representative cases:

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